Arts Law has reviewed and rated the terms and conditions of 15 competitions closing in March 2015.
These ratings are based on a review of the terms and conditions which relate to the entrant’s copyright and moral rights. Read more about the rating system here.
By accepting the terms and conditions of a competition, artists should be aware that they are entering a legally binding contract. For more information on competition conditions see our free information sheet here.
We also invite competition organisers to contact Arts Law for best practice assistance on making their terms and conditions fairer for artists.
7 competitions scored 4 / 5 stars for fairness to artists. The annual Head On photo competitions ask all entrants for permission to reproduce the entries for limited purposes associated with promoting the festival and make a positive undertaking to maintain the integrity of the work and credit the photographer which is great. To achieve a perfect rating, the licence should also be limited to finalists and limited in duration.
The Swell Sculpture Festival asks selected entrants to provide a licence to reproduce the work for promoting the competition, but do not limit the duration of this licence. If they had done so, and clearly stated they would attribute the artists, 5 / 5 stars would have been awarded!
- Head On Portrait Prize 2015 – deadline 1 March 2015
- Head On Landscape Prize 2015 – deadline 1 March 2015
- Head On Mobile Prize 2015 – deadline 1 March 2015
- Head On Moving Image Prize 2015 – deadline 1 March 2015
- Head On Student Prize 2015 – deadline 1 March 2015
- Swell Sculpture Festival 2015 – deadline 7 March 2015
- Prometheus Award 2015 – deadline 15 March 2015
6 competitions received a commendable 3 / 5 stars. Under these terms and conditions, all entrants are asked to provide a licence to the competition organisers to reproduce their works for purposes associated with the competition OR only exhibiting artists provide a licence which is slightly broader in the uses that it covers. None of the competitions set a limit to the duration of the licences requested from the entrants. If these competitions had done so, and respectively limited their licences to finalists or winners OR to uses associated with the competition only, plus each undertook to attribute the artists, they would have all received 5 / 5 stars.
The Milburn Art Prize 2015 and Calleen Art Award 2015 limit reproductions of work to only selected entrants or finalists which is great! However, the extent of the licences relating to use of the works are quite broad and are not limited in duration. If the licences were limited in duration, limited to uses associated with the competition only and contained a positive intention to attribute the entrants, these competitions would have received 5 / 5 stars.
The Ipswich Art Awards and the John Villiers Waltzing Matilda Outback Art Show require that entrants provide the competition organisers with a non-exclusive licence to reproduce their work for limited purposes associated with the competition, but with no limit to the duration of the licence. To achieve a perfect rating, these licences should be limited to finalists or exhibitors, limited in duration and clearly state they will attribute the artists.
The 2015 Gallipoli Art Prize only asks for a licence to reproduce the artworks that have been selected for exhibition in connection with promotion of the exhibition which is wonderful! However, the winner is required to transfer ownership of copyright to the Club.
- BDAS Sculpture Prize 2015 – deadline 4 March 2015
- Milburn Art Prize 2015 – deadline 6 March 2015
- Calleen Art Award 2015 – deadline 6 March 2015
- Ipswich Art Awards 2015 – deadline 6 March 2015
- John Villiers Waltzing Matilda Outback Art Show 2015 – deadline 6 March 2015
- Gallipoli Art Prize 2015 – deadline 17 March 2015
1 competition scored 2 / 5 stars for fairness. The terms of this competition ask that all entrants grant to the competition organisers a licence to reproduce entries for broad purposes beyond the competition for an unlimited period of time. Arts Law considers that it would be best practice for these competitions to limit the licences to only finalists or winners, limit reproduction to that which is associated with the competition itself, set a limit to the duration of the licence and positively seek to enforce entrants’ moral rights.
SOME WORK TO DO:
- Sidney Myer Australian Ceramics Award 2015 – deadline 20 March 2015
Arts Law was unable to rate the Unsigned Only Music Competition. This is because the competition’s terms and conditions do not specifically mention the licensing of winners copyright or the protection of their moral rights. It may be that the competition provides the winners with this information, but it would be preferable for all entrants to know what rights they may be giving away in the event they do win so they can decide whether to enter the competition in the first place. Arts Law encourages the competition organisers to clarify this to assist entrants in making informed choices about what rights they may be giving away simply by entering.
MORE INFORMATION NEEDED:
- Unsigned Only Music Competition 2015 – deadline 18 March 2015
Please email us at [email protected] to tell us about any competitions or prizes you think we should check.
See Arts Law's competition star rating system for further information or call Arts Law if you would like to receive best practice advice regarding your competition terms and conditions.
See more about Arts Law's campaign to improve competition terms and conditions in the Prizes and Competitions section.